The Bombay High Court has come down heavily on the Maharashtra government over what it termed a “large and systemic failure” in handling land acquisition matters, observing that landowners are being deprived of compensation for years despite the State taking possession and completing public projects. The court directed the government to adopt a “mission-mode” approach to resolve all such pending cases across the State.
A division bench of Justices Vibha Kankanwadi and Hiten Venegavkar at the Aurangabad bench held that failure to complete acquisition proceedings after taking possession of land amounts to a continuing wrong and a breach of constitutional duty.
The observations came while hearing a petition filed by residents of Beed district whose lands were taken in 1996 by the irrigation division for construction of a village water tank. Although the project was completed the same year and the land has since been used for public purposes, no acquisition award was passed and no compensation was paid for decades.
The court noted that many of the affected landowners are agriculturists and “illiterate or rustic persons” who may not even be aware of formal acquisition procedures or their entitlement to compensation and statutory interest.
After the petition was filed in 2018, an award of ₹31 lakh was eventually determined, but the amount has still not been paid to the petitioners.
The bench said repeated land acquisition cases reveal a “deeply disturbing and systemic failure” on the part of the State administration.
“Once land is taken from a citizen, the obligation to determine and pay compensation is absolute,” the court held, adding that a welfare State “cannot be permitted to take advantage of such ignorance or helplessness.”
It further observed that delays and inaction in completing acquisition proceedings have “grave and multi-dimensional consequences,” causing hardship and harassment to landowners while also imposing an avoidable financial burden on the public exchequer due to interest and escalated compensation.
The court stressed that aggrieved landowners are compelled to approach courts only because authorities fail to perform their basic statutory duties, a situation that “cannot be permitted to continue.”
Referring to governance principles, the bench remarked that the foundation of a good State lies in “good laws” — meaning discipline and adherence to rules — and “good arms,” referring to capable and effective administration to implement those laws.
Taking note of what it described as a “larger, systemic problem,” the High Court directed the Maharashtra government to:
- Establish a comprehensive, state-wide mechanism to identify all pending land acquisition cases where possession has been taken but no award passed, and those where awards exist but compensation has not been deposited.
- Constitute a dedicated, mission-mode administrative structure and a committee comprising senior officers from the revenue, finance, law and judiciary departments, with a nodal officer for coordination and monitoring.
- Undertake a comprehensive compilation and categorisation of all such cases and complete the proceedings within a stipulated timeframe.
- Fix accountability for negligence, apathy or indifference of officials leading to delay and loss of public funds.
The court said it could not remain a “silent spectator” to repeated instances of public money being squandered due to administrative inaction.
In the present case, the bench directed the State government to pay the determined compensation to the petitioners within eight weeks.
“The situation has reached a stage where delay can no longer be tolerated,” the court said, warning that the long-standing failure must be addressed through timely and decisive intervention for the benefit of both citizens and the State.
